DMV Hearing Defense

Protecting Your California Driver’s License

If your privilege to drive on California’s roadways is threatened by a suspension or revocation, then legal representation is extremely important.  Whether your licensing problem arises from a DUI, an accumulation of too many “points” on your record, a traffic accident causing death or serious injury, a medical re-examination, or senior skill inquiry, the Law Office Nicole Irmer can assist you in protecting your interests.  Our office is experienced in handling all California.

DMV Hearings including:

  • California DMV Administrative Per Se (APS) Hearing arising from a DUI
  • A Negligent Operator Treatment System (NOTS) Hearing arising from too many points on a DMV record
  • A Negligent Operator Hearing arising from a fatal or serious injury accident
  • Medical Re-Examination Hearing and issues related to the Mature Driver

Representing You at California Admin Per Se (APS) DMV Hearing

If you have been arrested for a DUI in California, then you should have received upon release of custody a pink notice of suspension and a temporary driver’s license (DMV Form DS-367).  This notice is very important because it advises you that you have only 10 days from the date of arrest to request a DMV APS hearing to challenge a mandatory suspension.

Attending to the driver’s license suspension hearing for a DUI is separate and in addition to addressing the Superior Court’s criminal DUI charges.  If the DMV is not contacted within the requisite 10 days, you will lose your right to a hearing and your driving privileges will automatically be suspended.

The Law Office of Nicole Irmer has successfully challenged the DMV and preserved our client’s driving privileges through the APS hearing process. Our experience identifying key legal issues have resulted in favorable outcomes for our clients under the facts of their case.  For a no charge initial consultation please contact our office at (619) 237-6130.

Defending Your License at a Negligent Operator Hearing

Too Many Points within a Specified Period

The Negligent Operator Treatment System (NOTS) is based on negligent operator points. NOTS actions are based on the number of negligent operator “points” drivers add to their driving record within specified time periods. Negligent operator points are added to the driving record upon receipt of conviction notices from courts and reports of responsible collisions from law enforcement which indicate that the driver contributed, was at fault, or was responsible to any degree or in any amount for the collision. The initial reporting of the responsibility for a collision by law enforcement can be refuted by credible evidence presented by the driver at an administrative hearing.

The Law Office of Nicole Irmer has successfully saved the driving privileges of our clients.  In addition, Nicole’s efforts have, in many instances allowed her clients to remain driving, while waiting for the DMV hearing through the process known as a “stay” on the departmental action. A stay is a temporary withholding of a department action, such as a suspension or revocation, until a decision is made at a hearing or departmental or court review.

Fatal or Serious Injury Accident

If you are involved in a fatal or serious injury accident, the DMV may take action against your driver’s license.  The DMV may take a negligent operator action, even though you may not have accumulated negligent operator points.  If you are involved in such an accident, this is a stressful and uncertain time in your life, at the Law Office of Nicole Irmer we can appreciate the magnitude of pressure you may be feeling.  Nicole is highly experienced in handling these matters. She has successfully prevailed at this type of DMV hearing resulting in the preservation of the client’s driving privileges.

Advising the Mature Driver and Medical Re-Examination Hearings

Whether you are maturing driver or a family member of an aging driver, the possibility that the senior may have to stop driving can impact a family socially, emotionally, and financially.  We understand that losing one’s driving privilege represents a tangible loss of independence and status.  We work closely with the senior and the family if appropriate to examine what is the best course of action.

The DMV has the authority to investigate and reexamine the senior’s ability to operate a motor vehicle safely due to a physical or mental condition or a poor driving record. DMV receives information from many sources, to name a few:

  • Your physician or surgeon who is required by law to report to DMV certain conditions or disorders characterized by loss of consciousness or control, including Alzheimer’s disease.
  • Emergency medical personnel who may see you in an emergency facility due to a sudden loss of consciousness, awareness, or control.
  • A law enforcement officer who stops you for a traffic law violation or is at an accident scene in which you were involved and you appear to be an unsafe driver.
  • A Request for Priority Reexamination from a peace officer who has observed your driving and believes you are an unsafe driver and should not continue driving.

If the DMV is made aware that you have a medical condition that may cause a potential driving risk to yourself or others, or your driving record indicates negligent driving activity, DMV will evaluate you to ensure you can drive safely. The DMV may take immediate action against your driving privilege by suspending your driver’s license or even revoking it. However, you are entitled to a hearing in which you may present relevant evidence demonstrating that you do not present a risk to the roadways.

Nicole Irmer is highly experienced in representing clients in this area of law. Nicole is well versed on the recent trends and issues related to this area of law. For more information, please contact our law office at (619) 237-6130.

Appealing From An Adverse DMV Decision

If you license is suspended after a DMV hearing, you have the right to request a departmental review of the decision, as well as the right to appeal the decision to superior court. Requests for a departmental review or an appeal of the decision in superior court must be made within a certain time period depending on the laws affecting your case. The time periods for appeal and other specific information concerning your appeal rights are provided on the notice advising you of the hearing decision.

At the Irmer Law Office, we are highly experienced in filing and arguing effective appellate motions in this area. The firm is well-versed on the recent trends and issues related to this area of law.  For a case evaluation please contact us at (619) 237-6130.